Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That a County be, and is hereby laid off and established, by the name of Cleveland, to be composed of parts of the Counties of Rutherford and Lincoln, beginning at a point in the South Carolina line, and running a North course so as to pass within fourteen miles, East of Rutherfordton, until it strikes the Burke County line, thence with the dividing line of Burke and Rutherford, to the Lincoln line, thence to the thirteen mile-post on the Lucas Ford Road, thence to the twelve mile-post, on the new Post Road, leading from Rutherford to Lincolnton, thence to the twelve mile-post, leading from Lincolnton to Qwinn's Ferry, thence to the twelve mile-post, leading from Morganton to Yorkville, South Carolina, thence with the Road passing Abernathy's Store, by the Gold Mine, at Kings Mountain, to the South Carolina line, then with it to the beginning.
II. Be it further enacted, That the said County of Cleveland
shall be invested with all the rights, privileges, and
III. Be it further enacted, That R.H. Burton, Alexander McKorkle, H. Cansler, Eli Hoyle, Ed. Bryant, Achillis Durham, John McDowell, Samuel Andrews, and David Gray, shall be, and they are hereby appointed Commissioners, whose duty it shall be, to designate some point in said County, not more than four miles from Thomas Wilson's Mineral Spring, which shall be the County Seat of said County.
Ratified 11th January, 1841.
WILLIAM A. GRAHAM, S.H.C.
|* During the same General Assembly the Legislature passed the following "supplemental Act" to the above:|
Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That all the Justices of the Peace and officers of the Militia who reside within the limits of the County of Cleveland, shall continue to hold and exercise all the official powers and authorities in and for said County, that they have hitherto held and exercised in and for the Counties of Rutherford and Lincoln.
II. Be it further enacted, That the Constables now residing in the County of Cleveland, shall continue to hold their offices, and perform all the duties appertaining thereto, until the first County Court, to be held for said County, under the same rules, regulations and penalties as Constables are subject to in other Counties in this State.
III. Be it further enacted, That the Counties of Rutherford, Lincoln and Cleveland, shall continue to be represented in the General Assembly, in the same manner as heretofore, and in the name of the Counties of Rutherford and Lincoln, until a future Legislature shall otherwise provide and direct; and all elections for Members of Congress and Members of both houses of the General Assembly, shall be held by the Sheriffs, or other returning officers of the Counties of Rutherford and Lincoln, in all the territory heretofore comprehended in the limits of their respective Counties, at the time and places, and under the same rules, regulations and restrictions, as have been appointed, or may hereafter be appointed by law, and the certificates of said Sheriifs, or other returning officers as to the result of said elections, shall be as valid and effectual, to all intents and puirposes, as if the Act laying off and establishing the County of Cleveland had never been passed.
IV. Be it further enacted, That a Court of Pleas and Quarter
Sessions shall be, and the same is hereby established in and
for the County of Cleveland, to be held by the Justices of said
County; the first Session of said Court shall be held on the
second Monday of March next, at the House of William Weathers,
Esq. That the Court of Pleas and Quarter Sessions shall be held
on the third Monday in January, the second Monday in August,
and the sixth Monday after the fourth Monday in March, in each
and every year thereafter, except that no Court shall be held
after the first Session of said Court, until the second Monday
in August next, when the Court aforesaid, a majority of the Justices
of said County being present, shall elect a Clerk of the County
Court, a Sheriff, a Coroner, a Register and Entry-taker, a Surveyor,
Constables, and all other officers for said County, who shall
enter into bond, as required by law, and shall hold and continue
in said offices until their successors are duly chosen and qualified,
V. Be it further enacted, That the Court ef Pleas and Quarter
Sessions, established by this Act, shall possess and
VI. Be it further enacted, That all criminal offenses which may be committed in the County of Cleveland, which are cognizable only in the Superior Court of law, shall be and continue under the jurisdiction of the Superior Courts of law of the County of Rutherford, when the offender resides in that portion of Cleveland County which was taken off Rutherford, and to the Superior Court of Lincoln, when the offender resides in that portion of Cleveland County which was taken off Lincoln, until a Superior Court shall be created for the County ot Cleveland.
VII. Be it further enacted, That all persons who may be liable
to inmprisonment, under any process, either civil or
VIII. Be it further enacted, That all process issued from
the Superior Courts of Rutherford or Lincoln, against the
IX. Be it further enacted, That the Commissioners appointed by this Act, to which this is a supplement, or a majority of them, shall have power to locate the County Seat of said County, according to the provisions of said Act, and have power to purchase, or receive by donation, a tract of land consisting of not less than one hundred Acres, to be conveyed to the Chairman of the County Court and his successors in office, for the use of said County, upon which a Town shall be laid off and shall be called Shelby, where the Court House and Jail shall be erected, and where, after the completion of the Court House, the Courts of said County shall be held, and the Clerk and Register shall keep their offices; and that each of said Commissioners shall be allowed two dollars per day for their services while engaged in discharge of their duties.
X. Be it further enacted, That the County Court of Cleveland,
at its first session, shall appoint five Commissioners to lay
off the Lots of said Town, and after designating such as shall
be retained for Public uses, shall expose to Sale at Public auction,
the residue of said lots, at such time, and after giving such
Notice, as said Court may direct, upon
XI. Be it further enacted, That nothing in this Act contained,
shall be so construed as to prohibit the Sheriff of
XII. Be it further enacted, That nothing in this Act is to be so construed as to prevent the Sheriffs of Rutherford and Lincoln from collecting all arrears of Taxes, in the same manner as he could have done previous to the division of the Counties, Provided nevertheless, That the Sheriff of Rutherford and Lincoln shall not collect any taxes in the County of Cleveland, or of the citizens of said County, imposed by the County Courts of Rutherford and Lincoln, and which are to be collected in the year one thousand eight hundred and forty-one; but that the same may be collected by the Sheriff of Cleveland, upon the tax duplicates of the Clerks of the Counties of Rutherford and Lincoln, to the use of Cleveland County.
XIII. Be it further enacted, That the County Courts of Rutherford
and Lincoln shall have power, until a Superior
XIV. Be it further enacted, That all paupers in Rutherford
and Lincoln Counties, originally from Cleveland, after
XV. Be it further enacted, That there shall be opened, and
held for the County of Cleveland, at the place where the
XVI. Be it further enacted, That when elections are next held
for Members of Congress in this State, the Sheriff of
XVII. Be it further enacted, That the County of Cleveland shall compose a part of the seventh judicial district, and that Judges and Solicitors shall attend said Courts, under the same provisions and liabilities, and receive the same pay, as is received for attending other Counties in said district.
XVIII. Be it further enacted, That this Act shall be in force from and after its ratification.
Ratified 11th January, 1841.
WILLIAM A. GRAHAM, S.H.C.